Hiring a disabled person
When hired, a new disabled employee presents the employer with documents confirming his status. One of such documents is a certificate from the MES confirming the disability group. Such a certificate is issued by medical and social examination bodies and, in addition to the disability group, it contains information about the limitations of the disabled person at work. Depending on the disability (groups 1, 2 and 3), there are restrictions on the severity of work, as well as requirements for the provision of rest and working conditions. The MES certificate is issued for a certain period or indefinitely. If the period for which the disability is established is limited, then the employee will need to undergo the MES again in order to confirm the disability group. The date for re-examination is indicated in the certificate (
Basic Rules
Persons with incomplete ability to work can work in accordance with Art. 20 Federal Law No. 181 “On the protection of the rights of persons with disabilities.” As noted in Art. 64 of the Labor Code, employers should not limit rights and focus primarily on a person’s business characteristics, and not on his disability.
In Art. 21 Federal Law No. 181 defines a quota for enterprises with staff:
- more than 100 people – the total number of persons with disabilities is 2-4% of the total number of employees;
- from 35 to 100 people - disabled people make up up to 3% of the staff. The exact rate is regulated by regional laws.
If there is a shortage of personnel with disabilities and the decision to refuse is unfounded, the employer is subject to an administrative fine. Its cash equivalent, according to clause 42 of Art. 5 of the Administrative Code, equals 5-10 thousand rubles.
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Persons with a disability category have the right to receive privileges in terms of activities and rehabilitation.
The following options exist for management:
- compliance of working conditions with the individual rehabilitation program (IRP).
- according to the IPR, it is required to change working conditions, but maintain labor guarantees. Enterprises can reduce standards, methods, or, according to Art. 160 Labor Code, transfer a disabled person to another position;
- If the employer is unable to create conditions suitable for work, the employee with a disability is transferred to another workplace under Art. 178 TK.
When transferred to a position or place of work with a low salary, the disabled person retains the salary level in the previous position for 1 month.
Employment quota
Those employers with more than 100 employees are required to comply with the quota for hiring disabled people. The quota must be observed as follows: employers are required to hire 2-4% of disabled people and citizens with disabilities from the average number of employees.
At the same time, the employer does not have the right to provide such employees with places that suggest that work activity is associated with harmful and dangerous conditions.
Important! Each subject of the Russian Federation sets its own quota for employees depending on the total number of employees of the company.
In addition, any employer has the right to adopt its own act on quotas for disabled employees.
For each employment of a disabled person, the employer is obliged to provide information to the territorial body of the employment service. This body records the fact that employers fulfill the quota. If the employer does not find such workers on his own, he must contact the non-profit association of disabled people with a request, in response to which he will be offered candidates who meet the requirements of the vacancies.
Important! The employer is obliged to comply with legal requirements for hiring disabled employees. Otherwise, the employer may be subject to administrative liability.
The legislative framework
Disabled people who have disability groups 2 and 3 can work at enterprises in accordance with Article 20 of Federal Law No. 181 of November 1995 “On the Protection of the Rights of Disabled Persons.” Additionally, the following legislative acts are used that regulate how employers should hire people with disabilities:
- Article 64 of the Labor Code of the Russian Federation - employers must focus on business qualities and knowledge when hiring citizens with disabilities;
- Article 160 of the Labor Code of the Russian Federation - if necessary, a disabled person is transferred to another position that meets the conditions specified in the IPR (individual rehabilitation program), or simply has reduced standards and requirements;
- Article 178 of the Labor Code of the Russian Federation - a disabled person cannot be dismissed or laid off; in the event of an injury he is transferred to another position.
Disability and work are compatible under the Labor Code, so people with a special status have nothing to fear. Moreover, employers are willing to hire such workers, since various benefits are offered to organizations and companies when employing people with disabilities.
Benefits and guarantees for a disabled employee
In order for the employer to provide the guarantees and benefits established by the state, a disabled employee must provide two certificates during employment: ITU and IPR. Having received such documents, the employer provides the special conditions necessary for work and leisure. In addition, according to the IPR certificate, the employer will establish the work schedule for the disabled person, workload and regularity of rest.
When hiring employees with health limitations, the employer enters into an employment contract with them. Compared to a contract for ordinary employees, such a contract will have several features. For example, such an agreement must stipulate preferential working conditions in accordance with current legislation. For disabled people and persons with limited abilities, a longer vacation of at least 30 calendar days is provided (181-FZ).
Important! The duration of leave for a disabled employee does not depend on the employee’s disability group and must be at least 30 days.
At the request of a disabled employee, he can also be granted leave “at his own expense”, the duration of which can be as much as 60 days. To do this, the employee needs to write an application, and the employer cannot refuse such leave.
Depending on the disability group, the length of the employee’s working week is also distinguished. For example, for group 3 it is 40 hours, and for groups 1 and 2 – no more than hours per week.
The working conditions provided by the employer must comply with the IPR specified in the certificate provided by the employee. If the data in the IPR is not enough to determine the characteristics of the workplace, the employer has the right to resort to the Sanitary Rules, which contain recommendations regarding this issue.
Which disability groups are considered workers?
The degree of impairment of body functions, and, accordingly, the limitation of work ability among disabled people is different. Depending on these criteria, disability groups are distinguished. A natural question often arises: which of them are workers and which are not? The answer is presented in the table below.
| Disability group | State Description | Typical diagnoses | Ability to work |
| I | The group itself is problematic and difficult in terms of health. Serious disturbances are observed in the human body, leading to a significant limitation of a person’s abilities in terms of movement, orientation in space, control of one’s behavior, vision, hearing, etc. Group I disabled people usually constantly require assistance from third parties. |
| Officially, the group is considered non-working. A person is entitled to benefits and benefits from the state, designed to compensate for the lack of ability to work. However, there are a number of organizations that provide vacancies for people with disabilities, for example, with vision or hearing. Persons with severe diagnoses may well work as a dispatcher on the phone, work at a computer, or do something with their hands. |
| II | Serious health problems are observed, leading to significant (but not complete) loss of ability to work. A person does not require the constant presence of third parties nearby. Self-service capabilities are at an acceptable level. However, in the life of a group II disabled person there are still many restrictions caused by health conditions. They need care and gentle living and working conditions. They often require special devices and medications to survive. |
| This group allows work provided that the work activity does not lead to aggravation of the disease. There are some restrictions regarding working conditions, choice of professions, and volume of work. |
| III | This group is for people whose health problems are stable but not critical. Re-examination takes place once a year. People from group III have a high probability of full restoration of body functions. | Asthma, circulatory disorders, finger amputation, hypertension, rheumatoid arthritis, etc. | The group is considered working, since the ability to work is reduced by no more than 30%. Persons with group III require somewhat easier working conditions - exactly as prescribed in the individual rehabilitation program for a disabled person (IPR), which is drawn up by ITU. |
Employer's liability
Some employers are reluctant to hire people with disabilities. In this case, they are brought to administrative responsibility. Thus, for an organization that does not create jobs for people with disabilities, the fine is 5–10 thousand rubles. In addition, fines are also provided for the fact that employers do not provide information to the employment service about hiring disabled people. In this case, the fine for an organization will be 3–5 thousand rubles, and for an official – 300–500 rubles.
Providing jobs for people with disabilities
Federal Law of November 24, 1995 N 181-FZ Art. 21 provides for the obligation of employers of all forms of ownership to establish quotas for the employment of disabled people in the following amount:
| Number of employees, people | Quota size, % |
| More than 100 | 2-4 |
| 35-100 | 3 |
The average number of employees does not take into account the number whose working conditions are classified as harmful or dangerous according to the results of the special assessment.
There is no need to comply with this quota if the organizations were created by people with disabilities or are public associations of people with disabilities.
Organizations independently set quotas for the number of places of work for people with disabilities and enshrine this in an internal act (Regulations on quotas). Despite the fact that the number of employees may change, the specific number of such places may not be included in the Regulations, but the number may also be regulated by orders. Appeals (number) of disabled people regarding employment issues should not affect the quota
For the purpose of monitoring the implementation of quotas for places for people with disabilities, organizations submit monthly information to the employment service about vacant jobs, internal acts containing information about such jobs, and the actual use of quotas for people with disabilities.
Features of hiring people with disabilities
When hiring a disabled person, it is important for the employer to take into account some of the features of work to which, according to current legislation, a disabled person has the right. One of the features is that when applying for a job with a new employer, a disabled person has the right not to present a certificate of his or her health. The law does not prohibit not informing the employer about your health. In this case, the employer is not responsible for the instructions contained in the IPR regarding working and rest conditions.
However, if an employee decides to inform the employer about the disability group assigned to him, he must provide supporting documents. In this case, the employer will be obliged to provide him with all the necessary benefits and working conditions. But the employee must provide all the certificates properly (Read also the article ⇒ How to formalize the dismissal of a disabled employee).
According to the Labor Code of the Russian Federation, disabled employees are provided with the following conditions:
- maximum working hours are limited;
- restrictions on involving disabled people in overtime work (99 Labor Code of the Russian Federation);
- restrictions on work on holidays and weekends (113 Labor Code of the Russian Federation);
- special duration of annual leave and leave “at your own expense” (128 Labor Code of the Russian Federation).
Registration of a disabled person as a remote worker
To register disabled people, like other workers, remote work is allowed, i.e. work that is performed outside the organization's workplace. To complete it, it is not necessary to be present in the office if communication means are available. Such work may be preferable for a disabled person due to working in a comfortable environment and there is no need to overcome environmental limitations. Such an employee is beneficial to the employer, because there will be no additional costs, for example, for the equipment of a special workplace, but according to the legislation on quotas, the employer is obliged to create stationary places of work, i.e. the quota will not be met (departure from the quota).
Job search and employment procedures for people with disabilities
To begin an independent job search, it is important to assess your existing skills and determine the requirements for the place of work.
Disabled people, like other citizens, can get help from the employment center when looking for a job, regardless of whether you already have a job or want to change it.
You can also use the “Work in Russia” vacancy database (it is not necessary to register and you can use the portal if you have a password from the State Services). The portal contains vacancies for disabled people according to a quota.
You can also post a resume for employers, which can be created using a resume wizard that helps highlight important information about the applicant. The generated resume can be sent to employers.
Signing up for job requirements updates will direct you to suitable job openings.
Also on the portal you can check the address of the nearest employment center, which will assist in finding a job by: directing you to work and providing a list of options.
Benefits for enterprises
Enterprises that employ people with disabilities have the right to receive certain benefits.
But the system for providing them is quite complex. The functioning of this area of social activity is influenced by the form of ownership of the enterprise and the number of employed disabled people. The main benefits for employers who employ disabled people in their enterprises are the opportunity to pay less taxes. State support for vulnerable segments of the population is manifested in tax breaks for organizations of people with disabilities. The enterprise, in turn, performs an important social function by allocating money for it.
The state also guarantees relaxations in the payment of insurance premiums. This takes into account the type of activity of the enterprise and the composition of participants.
By providing various benefits and guarantees to organizations that employ disabled people, the state aims to provide employment to such citizens.
Tax benefits
The income tax base may be reduced. It is necessary to consult a specialist.
Public organizations of disabled people (provided that such citizens make up at least 80% of the organization’s members) may not pay VAT, and the property and land they own are not subject to taxes.
Similar benefits apply to enterprises whose authorized capital is formed from funds invested by public organizations of disabled people. This category must constitute at least half of all full-time employees, and their salaries must require at least a quarter of the corresponding fund. In this case, employees who have entered into civil contracts are not taken into account.
According to the same scheme, some benefits are received by organizations that employ many citizens with disabilities. The property of organizations where half of the total number of employees are disabled is not subject to tax. The income tax base may also be reduced.
If the average number of disabled people in the next reporting period does not reach 50%, VAT is calculated according to the generally established rule. Disabled WWII workers working at the enterprise are not taken into account. The employer who employs people with disabilities decides whether to apply this benefit.
Do not pay income tax:
- public organizations of disabled people;
- enterprises whose authorized capital is entirely formed by contributions from such organizations.
This benefit is not valid for profits received from the production and sale of:
- excisable goods;
- mineral raw materials;
- other minerals.
Benefits related to social insurance
- If tax benefits for organizations apply only to certain groups of institutions, then in the field of social insurance there are no such restrictions.
- Enterprises that provide employment to disabled people of degrees I, II, III are allowed to pay reduced insurance premiums.
- From payments to employees of I-III disability groups, contributions to the following funds are not deducted: Pension;
- Insurance;
- health insurance.
This provision applies only to payments to an employee in an annual amount of up to 100 thousand rubles. The excess amount is subject to appropriate taxation in the normal manner.
Promoting employment of people with disabilities
The state is actively implementing targeted programs that guarantee employment for people with disabilities. They regulate quotas for jobs and the creation of additional ones, the opening of special organizations, their equipment, benefits and conditions of employment. The mechanism for implementing programs is determined at the level of constituent entities of the Russian Federation.
Employment centers, social protection authorities and enterprises themselves provide support and assistance in finding employment. The regulatory framework is the Law of the Russian Federation No. 1032-1 of April 19, 1991 (as amended on December 11, 2018).
A professional rehabilitation base is an organization where the number of employees does not exceed 15 people, with disabled people and pensioners making up 50% of it. However, in times of economic crisis, such enterprises are under threat and are closed.
To support them, the state is taking a number of measures:
- Financial assistance;
- Preferential taxation;
- Discount on utilities.
Such organizations are controlled by the Social Security Administration. If the established working conditions are not met or people with disabilities are laid off, the enterprise loses benefits.
According to Federal Law No. 181, the quota for hiring disabled people is regulated by the legislation of the constituent entities of the Russian Federation. If the number of employees is more than 100, it is assigned in the amount of 2-4% of their average number. If the enterprise has at least 35 employees, but does not exceed 100, the quota is not set above 3%. When calculating this indicator, employees working in hazardous or difficult conditions are not taken into account.
There are no job quotas for public associations of disabled people and organizations created by them.
Other enterprises enter into agreements with local governments. Questions regarding quotas (determining the size, validity period, etc.) are resolved by the employment service, public organizations, and labor bodies. Enterprises may receive financial support to partially compensate for the work of a disabled person. It is paid by the Employment Fund.
If the quota is not met, the organization is obliged to make a contribution for each unemployed person. Payment is transferred to an account in the Employment Fund. The funds collected are spent on measures to support disabled people in the labor market.
The employment service works with people with disabilities. Career guidance, consultations, training, retraining and employment are organized for disabled people. In this case, the recommendations presented in the citizen’s IPR serve as the basis.
Non-governmental organizations that have a contractual relationship with the employment service can help a disabled person travel to and from work.
For a person’s successful adaptation, the employer is recommended to assign him a mentor from among the employees (by their consent).
Legislative measures
Guided by Law No. 181, Article No. 20, organizations and enterprises with more than 100 employees are required to allocate a certain number of places to provide jobs for disabled people, according to established quotas.
The legislation of the Russian Federation takes measures for the employment of disabled people, which are carried out by authorities at all levels through the introduction of special measures. They help a disabled person withstand competition in the labor market. What are these events:
- preferential financial and credit policies are implemented to help enterprises that employ citizens of the preferential category}
- determine the number of quota places at enterprises}
- jobs are reserved or created according to professions, taking into account the capabilities of disabled people to perform this or that work}
- employers are encouraged to create special vacancies in organizations, enterprises or institutions}
- suitable working conditions are created for beneficiaries, guided by the recommendations established in the IPR}
- conditions are created for entrepreneurship of disabled people}
- training for disabled people is organized}
- workplaces are adapted to the personal capabilities and needs of a particular person, workplaces are equipped with special devices and equipment.
For the employer, according to Law No. 181-FZ Art. 24 provides for responsibilities related to ensuring the employment of workers in the preferential category. Specifically, the manager must reserve vacancies within the established quota, provide these places with appropriate conditions and devices for full-time work, take measures to improve the employment of people with disabilities, and also report to the relevant authorities on the number of such places.
What about quotas? A quota is the minimum number of vacant jobs for employing people who need social protection. Special places are being introduced in all organizations and enterprises, regardless of the form of ownership, where the number of employees is more than 30 people. The quota is usually 2-4% of the total number of workers at a given enterprise.
The allocation of jobs for the employment of disabled people is provided for by law, and refusal to employ a disabled person entails administrative liability in the form of a fine of 2 to 3 thousand rubles. (Article 5.42 paragraph 1 of the Code of Administrative Offenses of the Russian Federation).
In addition, the employer may be subject to penalties not only for refusing to employ a disabled person, but also for failure to comply with legislation regarding the creation of special jobs and for refusing to employ disabled people within quotas. However, if the working conditions at a given enterprise are difficult and dangerous to health and life and contradict the individual rehabilitation program, then the refusal of employment is completely legitimate.
